Manu Dubey @ Manu Kumar Dubey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36213 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -PHULWARIA District- GOPALGANJ ======================================================
1. Manu Dubey @ Manu Kumar Dubey, S/o Late Jai Narain Dubey,
2. Manoj Dubey @ Manoj Kumar Dubey, S/o Late Jai Narain Dubey, Both are residents of village- Selar, P.S.- Phulwariya, DistrictGopalganj
3. Mukesh Tiwari, S/o Dhubdeo Tiwari,
4. Rahul Tiwari, S/o Ramesh Tiwari, Both are residents village- Dubey Bataraha, P.S.- Phulwariya, District- Gopalganj.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP For the Informant : Mr. Javed Akhtar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-07-2018 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. The petitioners seek pre-arrest bail in connection with Phulwariya P.S. Case No.20 of 2018 registered under Sections 363 and 366A of the Indian Penal Code.
Learned counsel for the petitioners submitted that due to Title Suit No.75 of 2014 filed at the instance of father of the victim, the instant case has been registered by the informant just in order to put pressure upon the petitioners to leave their claim over the disputed land.
Patna High Court Cr.Misc. No.36213 of 2018 (2) dt.04-07-2018 2/2 On the other hand, learned counsel appearing for the informant submitted that the victim in her statement recorded under Section 164 of the Code of Criminal Procedure categorically stated that these petitioners after bodily lifting her took away to village Selar and from there to Chauhan Patti in the house of Brajesh Mishra where they exploited her and, thereafter, took her to Punjab and later on left her at Gopalganj. I have heard learned counsel for the parties. Considering the gravity of the offence and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, I am not inclined to grant pre-arrest bail to the petitioners. Accordingly, their prayer for grant of pre-arrest bail is rejected.
In case the petitioners surrender and seek bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.
(Ashwani Kumar Singh, J) Md.S./- U T